Guidelines on Extradition to Third States

Summary:

Notice published by the European Commission in June 2022 setting out a number of guidelines on extradition to third states.

Further information:

Extradition proceedings between Member States of the European Union (EU) and third countries are primarily regulated by a multi-layered combination of different legal bases - multilateral agreements, bilateral agreements, and national laws. In general, extradition agreements provide for the possibility of a nationality exception, meaning that contracting parties may refuse to extradite their own nationals.

In 2016, CJEU Case C-182/15 introduced specific obligations for Member States that do not extradite their own nationals when they receive an extradition request from a third State for the prosecution of an EU citizen who is a national of another Member State and who has exercised their right to free movement. Those obligations were further specified in subsequent case-law, and the CJEU also later extended them to Iceland and Norway.

In June 2020, the Eurojust and the European Judicial Network (EJN) were invited to analyse how requests for the extradition of EU citizens by third States are handled in practice. They also agreed to make suggestions in this regard. The joint report was published in November 2020. Subsequently, the Council of the European Union adopted a set of conclusions in December 2020 on the European Arrest Warrant (EAW) and extradition procedures. The Council invited the European Commission to consider the need for further action, in light of the results of the joint report.

These guidelines summarise the case-law of the Court of Justice of the European Union. They also take into account experience that has been gained over five years in applying the so-called Petruhhin mechanism introduced by Case C-182/15.